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The immigrant community in the United States constantly lives with the uncertainty that agents from Immigration and Customs Enforcement (ICE) may show up at their homes to investigate the immigration status of the residents.
If you are a Cuban who is still in the process of regularizing your immigration status in the United States, or if you know someone in this situation, it is important to be aware of the legal rights that protect them.
Matt Adams, an expert in immigration law and the legal director of the Northwest Immigrant Rights Project in Seattle, explained in an interview with Telemundo that no one is obligated to open the door or answer questions from ICE agents.
“If Immigration comes to your house, you have the right not to answer and not to open the door,” emphasized the lawyer.
Adams clarified that ICE agents generally have arrest or search warrants, but they typically do not possess a signed order from a judge allowing them to break into immigrants' homes.
"They cannot enter your house without an invitation, and the migrant has the right not to extend that invitation. Even if they are pounding on the door, you should not pay attention," the lawyer insisted.
Additionally, he recommended educating children about the importance of not opening the door in these situations and noted that if officers arrive with a valid warrant, they should show it under the door or through a window. "The truth is that they almost never have that warrant," he concluded.
At the end of November, immigration lawyer Ismael Labrador explained that Cuban migrants in the U.S. could be protected from the mass deportations announced by Donald Trump for 2025.
He noted that most have a two-year humanitarian parole, which allows them to take advantage of the Cuban Adjustment Act. This status grants them work permits and proper documentation, reducing risks.
However, those who have been in the country for less than a year, lack residency, or face deportation orders are in a more vulnerable situation. Labrador recommends staying within the bounds of the law, updating procedures, and seeking legal advice to avoid complications.
Knowing all of these rights is crucial for immigrants, including Cubans in irregular status in the United States, as it enables them to act safely and protect themselves from actions that could jeopardize their immigration status.
Frequently Asked Questions about Cubans in the U.S. and Their Immigration Status
What rights do Cubans have if ICE comes knocking at their door?
Cubans in irregular situations have the right not to open the door or answer questions when ICE arrives at their home. They are not obligated to allow ICE agents to enter if they do not have a court-signed warrant. Furthermore, if the agents have a valid warrant, they must show it through the bottom of the door or through a window.
How does the Cuban Adjustment Act affect Cuban migrants in the U.S.?
The Cuban Adjustment Act allows Cubans to apply for permanent residency in the U.S. after one year and one day of physical presence in the country. Cubans with humanitarian parole can take advantage of this law, which reduces their risk of deportation. However, those who have been in the country for less than a year or who have deportation orders may face greater risks and should seek legal advice.
What differences exist between the I-220A and I-220B forms for Cubans in the U.S.?
The I-220A form generally indicates supervised release without an immediate deportation order, while the I-220B, known as "Order of Supervision," may involve an active or pending deportation order. Cubans with an I-220B face a higher risk of deportation, especially under strict immigration policies.
What can Cubans with irregular immigration status do to protect themselves from deportation?
It is crucial for Cubans in this situation to update their immigration procedures and seek specialized legal advice. Staying within the boundaries of the law and having all documents in order is vital to minimize the risk of deportation. Additionally, those with humanitarian parole should plan their status adjustment before their parole period expires.
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